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Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Notices
connect with any of the railroads owned
by CGX or Ironhorse; (2) the
continuance in control is not part of a
series of anticipated transactions that
would connect the rail lines with any
other railroads in their corporate family;
and (3) the transaction does not involve
a Class I rail carrier. Therefore, the
transaction is exempt from the prior
approval requirements of 49 U.S.C.
11323. See 49 CFR 1180.2(d)(2).
The parties state that the purpose of
the proposed transaction is the
achievement of operating efficiency and
economy.
Under 49 U.S.C. 10502(g), the Board
may not use its exemption authority to
relieve a rail carrier of its statutory
obligation to protect the interests of its
employees. Section 11326(c), however,
does not provide for labor protection for
transactions under sections 11324 and
11325 that involve only Class III rail
carriers. Accordingly, the Board may not
impose labor protective conditions here,
because all of the carriers involved are
Class III carriers.
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions to stay must be
filed no later than March 15, 2012 (at
least 7 days before the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to Docket No. FD
35600, must be filed with the Surface
Transportation Board, 395 E Street SW.,
Washington, DC 20423–0001. In
addition, a copy of each pleading must
be served on Thomas F. McFarland, 208
South LaSalle Street Suite 1890,
Chicago, IL 60604–1112.
Board decisions and notices are
available on our Web site at
www.stb.dot.gov.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Decided: March 5, 2012.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012–5662 Filed 3–7–12; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35599]
Santa Teresa Southern Railroad, LLC—
Operation Exemption—Rail Line of
Verde Logistics Railroad, LLC at Santa
Teresa, Dona Ana County, NM
Santa Teresa Southern Railroad, LLC
(STSR), a noncarrier, has filed a verified
notice of exemption under 49 CFR
1150.31 to operate approximately
12,000 feet of rail line owned by Verde
Logistics Railroad, LLC (Verde). The rail
line extends between a point of
connection with Union Pacific Railroad
Company (UP) at or near milepost 1280
on UP’s Lordsburg Subdivision and
terminus at Strauss Road 1 at or near
Santa Teresa, Dona Ana County, N.M.
STSR states that it has entered into an
Operating Agreement with Verde for
STSR to provide common carrier rail
service to shippers and receivers located
in the Santa Teresa Logistics Industrial
Park.
This transaction is related to a
concurrently filed verified notice of
exemption in Gregory B. Cundiff, et
al.—Continuance in Control
Exemption—Santa Teresa Southern
Railroad, LLC, Docket No. FD 35600,
wherein Mr. Gregory B. Cundiff and
others seek Board approval to continue
in control of STSR upon STSR’s
becoming a Class III rail carrier.
According to STSR, the transaction is
expected to be consummated no sooner
than 30 days after filing its notice with
the Board. The earliest this transaction
can be consummated is March 22, 2012,
the effective date of the exemption (30
days after the notice of exemption was
filed).
STSR certifies that its projected
annual revenues as a result of this
transaction will not exceed $5 million
and will not result in its becoming a
Class I or Class II rail carrier.
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions to stay must be
filed no later than March 15, 2012 (at
least 7 days before the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to Docket No. FD
35599, must be filed with the Surface
Transportation Board, 395 E Street SW.,
1 STSR states that Strauss Road has been designed
but has not yet been constructed.
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Washington, DC 20423–0001. In
addition, a copy of each pleading must
be served on Thomas F. McFarland, 208
South LaSalle Street, Suite 1890,
Chicago, IL 60604–1112.
Board decisions and notices are
available on our Web site at
www.stb.dot.gov.
Decided: March 5, 2012.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012–5660 Filed 3–7–12; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35601]
BNSF Railway Company—Trackage
Rights Exemption—Union Pacific
Railroad Company
Pursuant to a written trackage rights
agreement, Union Pacific Railroad
Company (UP) has agreed to grant
trackage rights to BNSF Railway
Company (BNSF) over a portion of a
line of railroad known as the Lockport
Branch, between milepost 0.1 at
Raceland Junction and milepost 14.2 at
Jay, a distance of 14.1 miles, in
Lafourche Parish, La. (the Line).1
The earliest this transaction may be
consummated is March 22, 2012, the
effective date of the exemption (30 days
after the notice was filed).
BNSF states that it is seeking trackage
rights authority to protect its interests in
the Lockport Branch. In Docket No. AB
33 (Sub-No. 277X), UP filed a verified
notice of exemption to abandon most of
the Lockport Branch over which BNSF
now seeks trackage rights authority.2
BNSF has asserted, in that abandonment
proceeding, that it has authority
sanctioned by the Board to provide
service on the Line. UP has contested
1 A copy of the trackage rights agreement was
submitted with the notice of exemption. BNSF
states that this agreement, dated August 1, 2000
(First Supplemental Agreement), is a supplement to
the Trackage Rights Agreement dated September 10,
1998, between UP and BNSF, which was authorized
by the Board in Burlington Northern & Santa Fe
Railway Co.—Trackage Rights Exemption—Union
Pacific Railroad Co., FD 33663 (STB served Oct. 19,
1998). BNSF adds that, while the First
Supplemental Agreement covers all former
Southern Pacific Transportation Company branches
connecting to the rail line between Dawes, Tex.,
and Avondale, La., in this proceeding BNSF seeks
trackage rights authority only over the portion of
the Lockport Branch between milepost 0.1 and
milepost 14.2.
2 Specifically, UP seeks authority to abandon the
portion of the Lockport Branch between milepost
1.7 and milepost 14.2.
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08MRN1

Agencies

[Federal Register Volume 77, Number 46 (Thursday, March 8, 2012)]
[Notices]
[Page 14058]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5660]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35599]
Santa Teresa Southern Railroad, LLC--Operation Exemption--Rail
Line of Verde Logistics Railroad, LLC at Santa Teresa, Dona Ana County,
NM
Santa Teresa Southern Railroad, LLC (STSR), a noncarrier, has filed
a verified notice of exemption under 49 CFR 1150.31 to operate
approximately 12,000 feet of rail line owned by Verde Logistics
Railroad, LLC (Verde). The rail line extends between a point of
connection with Union Pacific Railroad Company (UP) at or near milepost
1280 on UP's Lordsburg Subdivision and terminus at Strauss Road \1\ at
or near Santa Teresa, Dona Ana County, N.M. STSR states that it has
entered into an Operating Agreement with Verde for STSR to provide
common carrier rail service to shippers and receivers located in the
Santa Teresa Logistics Industrial Park.
---------------------------------------------------------------------------
\1\ STSR states that Strauss Road has been designed but has not
yet been constructed.
---------------------------------------------------------------------------
This transaction is related to a concurrently filed verified notice
of exemption in Gregory B. Cundiff, et al.--Continuance in Control
Exemption--Santa Teresa Southern Railroad, LLC, Docket No. FD 35600,
wherein Mr. Gregory B. Cundiff and others seek Board approval to
continue in control of STSR upon STSR's becoming a Class III rail
carrier.
According to STSR, the transaction is expected to be consummated no
sooner than 30 days after filing its notice with the Board. The
earliest this transaction can be consummated is March 22, 2012, the
effective date of the exemption (30 days after the notice of exemption
was filed).
STSR certifies that its projected annual revenues as a result of
this transaction will not exceed $5 million and will not result in its
becoming a Class I or Class II rail carrier.
If the verified notice contains false or misleading information,
the exemption is void ab initio. Petitions to revoke the exemption
under 49 U.S.C. 10502(d) may be filed at any time. The filing of a
petition to revoke will not automatically stay the effectiveness of the
exemption. Petitions to stay must be filed no later than March 15, 2012
(at least 7 days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No.
FD 35599, must be filed with the Surface Transportation Board, 395 E
Street SW., Washington, DC 20423-0001. In addition, a copy of each
pleading must be served on Thomas F. McFarland, 208 South LaSalle
Street, Suite 1890, Chicago, IL 60604-1112.
Board decisions and notices are available on our Web site at
www.stb.dot.gov.
Decided: March 5, 2012.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-5660 Filed 3-7-12; 8:45 am]
BILLING CODE 4915-01-P